In What Cases Can You Not Get a Unilateral Divorce?

Unilateral divorce is a legal entitlement granted to both the husband and wife following their marriage. Vietnamese marriage and family law acknowledges this right in order to safeguard the interests of both spouses. However, it is important to note that unilateral divorce is not universally applicable in all circumstances. NT INTERNATIONAL LAW FIRM aims to provide comprehensive insights into the specific scenarios where unilateral divorce is prohibited.

What is unilateral divorce?

Legal Basis:

• Law on Marriage and Family 2014, Articles 51, 56, and 63
• Resolution No. 01/2017/NQ-HDTP

Definition:

Unilateral divorce occurs when one spouse files for divorce without the consent of the other, citing specific legal grounds.

Conditions for Unilateral Divorce

• Domestic Violence: Article 56 specifies that a spouse can file for divorce if the other spouse commits acts of domestic violence.
• Serious Rights Violations: Unilateral divorce is also allowed if one spouse seriously violates the rights and obligations of the other, causing irreparable harm to the marriage and making continued cohabitation impossible.
• Missing Spouse: When one spouse is declared missing by the court, the other spouse can request a unilateral divorce.
• Mental Illness and Domestic Violence: Clause 2, Article 51 permits parents and relatives to initiate a unilateral divorce on behalf of a spouse with mental illness or another condition that impairs their ability to control their behavior, who also suffers from domestic violence inflicted by the other spouse.

Restrictions on Unilateral Divorce

• Domestic Violence: Article 56 requires evidence of domestic violence to substantiate the claim for divorce.
• Serious Rights Violations: The nature and severity of the rights violations must be significant enough to justify divorce.
• Missing Spouse: A court declaration of missing status is mandatory before seeking a unilateral divorce.
• Mental Illness and Domestic Violence: Clause 2, Article 51 requires proof of both mental illness and domestic violence for parents and relatives to initiate a unilateral divorce.
• Pregnancy and Childcare: Clause 3, Article 51 prohibits a husband from filing for unilateral divorce while his wife is pregnant, has given birth, or is raising a child under 12 months old.

What documents do you need for unilateral divorce?

To successfully submit a unilateral divorce application in Vietnam, the following documents are required:

1. Unilateral Divorce Application: This form must be completed according to the official format issued by the Vietnamese government.

What documents do you need for unilateral divorce?

2. Marriage Registration: The original marriage certificate issued by the relevant authorities is necessary.

3. Identity Documents: Certified copies of both spouses’ valid identification documents (ID card, citizen identification card, or passport) are required.

4. Family Registration Book: A certified copy of the family’s household registration book is essential.

5. Child’s Birth Certificate: If the couple has children, a certified copy of each child’s birth certificate must be included.

6. Proof of Common Property: If requesting division of common property during the divorce proceedings, documented proof of ownership for each common asset (land titles, property deeds, bank statements, etc.) is required.

Additional Notes:

• The court may request additional documentation depending on the specific circumstances of the case.
• It is highly recommended to consult with a lawyer to ensure all documents are properly prepared and submitted in a timely manner.
• Having all necessary documents readily available helps streamline the unilateral divorce process and facilitates a smooth resolution.

By fulfilling these requirements, you increase the chances of your unilateral divorce application being accepted by the court and allow for a swift and efficient legal process.

NT International Law Firm has addressed the question of whether you can actually file for divorce unilaterally. If you have any further questions or concerns regarding marriage and family, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in:

• The 2014 Law on Marriage and Family.
• The 2015 Civil Code.